California Tightens Cargo Rules
Grape haulers must apply for exemption or face fines
Sacramento, Calif. -- Trucking firms that transport grapes and other agriculture products within California face potentially costly equipment expenditures, delayed delivery schedules and hefty fines resulting from a new law that went into effect Jan. 1, 2007. The passage of Assembly Bill 3011 last year means that all cargo must be tied down with straps running side-to-side, in accordance with federal regulations. But most trailers used to haul crops are not equipped to use straps, since crops are typically transported from field to processor in bins, tubs and boxes secured with irons, cleats and cables to prevent slippage.
According to Karen Ross, president of the California Association of Winegrape Growers (CAWG), the regulation calls for grape transport containers to be secured with tie-downs. "Companies that transport grapes from vineyard to winery note that meeting the regulations would be near impossible, as containers are not meant to be secured in the manner proposed. If tie-downs were required, the top portions of the containers would be bent and forced downward onto the fruit, thus crushing the load and damaging the fruit," she explained.
CAWG issued a news release last week calling attention to the situation, stating in part, "Methods that have been safely and efficiently utilized for decades will no longer be allowed, and equipment will have to be retrofitted or alternative methods developed. Failure to comply with the new requirements will result in ticketing by the CHP, with each violation subject to a fine of $700."
Ross also commented that the prevalent "hook and hinge" system currently in use, "Allows for grape containers to be lifted off of the trailer at the winery/production facility, and the fruit to be poured into the processing bins. Because the fruit is perishable, and transport in a timely manner is necessary, grape containers are rarely filled to the top, thus sparing the fruit from being damaged or crushed, and creating a situation where the weight of the load will be well under maximum federal regulatory capacity."
An article by Ching Lee, published by the California Farm Bureau Federation on June 13, raised concern that carriers may be reluctant to haul agriculture products, given the costs in time and money required to retrofit their vehicles to meet the regulations. An estimated 2,000 to 4,000 trucks transport the state's farm products in a given season. Retrofitting them all would have a "severe economic impact" on the industry, according to Joe Antonini of Antonini Fruit Express, Stockton, Calif. Moreover, "There's basically not enough time to retrofit all the equipment that's out there," he told Lee.
California Farm Bureau Federation director of field crops and farm policy Emily Robidart envisioned a scenario in which a non compliant truck was pulled over for violating the new regulations. "CHP isn't going to write them a citation and let them drive off. They're going to make them leave the load there until their truck is retrofitted," presenting the horrifying potential of highly perishable loads, "rotting on the side of the road."
Fortunately, at least for this year, there appears to be a less dire solution. CAWG's bulletin explained that on June 20, an exemption was granted for intrastate transportation of perishable agriculture products transported in bins, tubs and boxes from the field to the first point of processing or packaging.
This cargo must be properly loaded, and containers properly secured, "with methods previously and successfully used to prevent shifting or load spillage."
Most importantly, each motor carrier must request the exemption from the CHP. CHP will provide a letter authorizing the exemption, and a copy must be carried in each vehicle. The carrier must also file reports no later than the 15th of each month, starting in July, detailing the number of loads by container type under the exemption; number of miles driven; number of on- and off-highway accidents involving loads under exemption; number of driver hours and driver violations. The exemption will remain valid only until Dec. 1, 2007; it can be extended or rescinded, "for good cause."
To date, there are no official exemption applications or reporting forms available. "The ag coalition, working through Farm Bureau, will be working with CHP on that," Ross told Wines & Vines. CHP did not respond to our request for comment in time for this article.
According to Karen Ross, president of the California Association of Winegrape Growers (CAWG), the regulation calls for grape transport containers to be secured with tie-downs. "Companies that transport grapes from vineyard to winery note that meeting the regulations would be near impossible, as containers are not meant to be secured in the manner proposed. If tie-downs were required, the top portions of the containers would be bent and forced downward onto the fruit, thus crushing the load and damaging the fruit," she explained.
CAWG issued a news release last week calling attention to the situation, stating in part, "Methods that have been safely and efficiently utilized for decades will no longer be allowed, and equipment will have to be retrofitted or alternative methods developed. Failure to comply with the new requirements will result in ticketing by the CHP, with each violation subject to a fine of $700."
Ross also commented that the prevalent "hook and hinge" system currently in use, "Allows for grape containers to be lifted off of the trailer at the winery/production facility, and the fruit to be poured into the processing bins. Because the fruit is perishable, and transport in a timely manner is necessary, grape containers are rarely filled to the top, thus sparing the fruit from being damaged or crushed, and creating a situation where the weight of the load will be well under maximum federal regulatory capacity."
An article by Ching Lee, published by the California Farm Bureau Federation on June 13, raised concern that carriers may be reluctant to haul agriculture products, given the costs in time and money required to retrofit their vehicles to meet the regulations. An estimated 2,000 to 4,000 trucks transport the state's farm products in a given season. Retrofitting them all would have a "severe economic impact" on the industry, according to Joe Antonini of Antonini Fruit Express, Stockton, Calif. Moreover, "There's basically not enough time to retrofit all the equipment that's out there," he told Lee.
California Farm Bureau Federation director of field crops and farm policy Emily Robidart envisioned a scenario in which a non compliant truck was pulled over for violating the new regulations. "CHP isn't going to write them a citation and let them drive off. They're going to make them leave the load there until their truck is retrofitted," presenting the horrifying potential of highly perishable loads, "rotting on the side of the road."
Fortunately, at least for this year, there appears to be a less dire solution. CAWG's bulletin explained that on June 20, an exemption was granted for intrastate transportation of perishable agriculture products transported in bins, tubs and boxes from the field to the first point of processing or packaging.
This cargo must be properly loaded, and containers properly secured, "with methods previously and successfully used to prevent shifting or load spillage."
Most importantly, each motor carrier must request the exemption from the CHP. CHP will provide a letter authorizing the exemption, and a copy must be carried in each vehicle. The carrier must also file reports no later than the 15th of each month, starting in July, detailing the number of loads by container type under the exemption; number of miles driven; number of on- and off-highway accidents involving loads under exemption; number of driver hours and driver violations. The exemption will remain valid only until Dec. 1, 2007; it can be extended or rescinded, "for good cause."
To date, there are no official exemption applications or reporting forms available. "The ag coalition, working through Farm Bureau, will be working with CHP on that," Ross told Wines & Vines. CHP did not respond to our request for comment in time for this article.
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